UK Subsidy Control Blog

UK Subsidy Control Insider

Welcome to the UK Subsidy Control Insider (UKSCI). To receive updates on the most recent articles reporting on the latest developments in UK Subsidy Control Law, subscribe to our free, bi-monthly newsletter that will give you sneak peeks on the posts published here.

Find out more about the editors of the UKSCI in the Editors tab.

Is It Time for Parliament to Amend the Subsidy Control Act 2022?

The Subsidy Control Act 2022 received Royal Assent nearly two years ago and provides UK public authorities with a faster and more permissive regime under which to award subsidies than existed under EU State aid rules. This article considers whether Parliament should act now to amend the regime, updating the rules to prioritise value for money considerations. Does the UK’s […]

How the Subsidy Database Can Be Refined to Improve the UK Subsidy Control Regime

The Statutory Guidance accompanying the Subsidy Control Act[1] (SCA) states that ‘Subsidy transparency is a fundamental part of the UK’s subsidy control regime’ given its importance in enabling ‘interested parties to view subsidies to decide if they want to challenge a subsidy before the Competition Appeal Tribunal’. With thanks to practitioners from multiple disciplines for their views and experiences, referenced […]

The Transparency Regime Under the Subsidy Control Act – How It Could Be Improved

In December 2023, the Department for Business and Trade (DBT) published its research report ‘Establishing baseline for monitoring and evaluation of the subsidy control regime’ (Report). Although the report looks at subsidies granted between 1 January 2021 and 4 January 2023 whilst the UK-EU Trade and Co-operation Agreement (TCA) was in force (Interim Period), it is illustrative of the issues […]

Subsidy Control: The First Year

Introduction Although the subsidy control jurisdiction has been ‘live’ since January 2023, only one application has been issued under the Subsidy Control Act 2022, Durham Company Limited v Durham County Council, which was determined by a judgment dated 27 July 2023.2 There are no other applications pending before the Competition Appeal Tribunal at the time of writing (October 2023). Given […]

Litigation Update

Readers will be aware that there have been two subsidy control cases before the Courts this year. The Divisional Court gave judgment in the Bulb litigation (R (British Gas Trading Ltd and others) v Secretary of State for Energy Security and Net Zero [2023] EWHC 737 (Admin)) on 31 March 2023. My analysis of that decision, and its implications for […]

Subsidy Advice Unit Reports: Lessons Learned So Far

Introduction The UK subsidy control regime is a nascent policy area for public authorities to understand. The regime places obligations on public authorities to assess a subsidy or subsidy scheme to ensure that it is compliant with the subsidy control principles and other requirements. The Statutory Guidance explains the subsidy control principles and provides a four-part assessment framework to support […]

The EU Foreign Subsidies Regulation – the Birth of a New Area of Competition Law

In July 2023, the European Union introduced a new competition law regime called the EU Foreign Subsidies Regulation (FSR) to address a longstanding regulatory gap. Whilst subsidies awarded by EU and EFTA Member States are tightly regulated on an ex-ante basis under EU State aid law,1 this is not the case for subsidies awarded by other countries. Indeed, it is […]

How do the recent changes to the Statutory Guidance affect the Subsidy Control regime?

On 30 June 2023, the Department for Business and Trade (DBT) published amendments to the Statutory Guidance for the UK’s Subsidy Control Regime, 2 providing further guidance on how to determine the value of a subsidy by calculating its Gross Cash Amount (GCA) or Gross Cash Equivalent Amount (GCE). Calculating the value of a subsidy is necessary to comply with […]

Where there’s muck, there’s brass: CAT judgment about waste collection provides solid value for subsidy control lawyers

At the end of July, the Competition Appeal Tribunal (CAT) handed down judgment in The Durham Company v Durham CC,1 its first (and so far only) judicial review application under the Subsidy Control Act 2022 (SCA22). The question decided: was there a subsidy decision? The only issue on the application was whether there was a subsidy decision at all: Durham […]

To refer or not to refer? Subsidies of interest and the voluntary referral regime

Introduction The implementation of the UK’s subsidy control regime has brought a number of new concepts for public authorities to grapple with. Amongst those changes are two new categories of subsidy: Subsidies or Schemes of Interest (SSoI), and Subsidies or Schemes of Particular Interest (SSoPI). The statutory guidance describes these as “subsidies which potentially pose a substantial risk of negative […]
Kieran McGaughey
Consultant Solicitor, Newcastle upon Tyne, United Kingdom
Hana Hammouda
Senior Manager and Economic Consultant, Grant Thornton UK, London, United Kingdom
George Peretz KC BL
Monckton Chambers, UK
Schellion J. Horn
Partner and Economic Consulting, Grant Thornton UK, London, United Kingdom
Hana Hammouda
Senior Manager and Economic Consultant, Grant Thornton UK, London, United Kingdom
Sattam Al-Mugheiry
Barrister
Alexander Rose
Partner, DWF Law, Newcastle
Sattam Al-Mugheiry
Barrister
Alexander Rose
Partner, DWF Law, Newcastle
Hana Hammouda
Senior Manager and Economic Consultant, Grant Thornton UK, London, United Kingdom
Schellion J. Horn
Partner and Economic Consulting, Grant Thornton UK, London, United Kingdom
Joanne Clement KC
KC at @11KBW, London, United Kingdom
Joanne Clement KC
KC at @11KBW, London, United Kingdom
Sir Marcus Smith
President of the Competition Appeal Tribunal
Charlotte McLean
Referendaire
Sir Marcus Smith
President of the Competition Appeal Tribunal
Charlotte McLean
Referendaire
Alex Kynoch
Partner, Browne Jacobson LLP
Angelica Hymers
Senior Associate, Browne Jacobson LLP
Angelica Hymers
Senior Associate, Browne Jacobson LLP

Behind the UK Subsidy Control Insider you find our expert team of editors:

George Peretz KC BL
Monckton Chambers, UK
Alexander Rose
Partner, DWF Law, Newcastle
Andrea Biondi
Professor of European Union Law and Director of the Centre of European Law at King’s College, London.
Joanne Clement KC
KC at @11KBW, London, United Kingdom
Angus Johnston
Professor, University of Oxford, Oxford, United Kingdom
Alex Eaton
DWF Law, Manchester, United Kingdom
Schellion J. Horn
Partner and Economic Consulting, Grant Thornton UK, London, United Kingdom
Hana Hammouda
Senior Manager and Economic Consultant, Grant Thornton UK, London, United Kingdom
Kieran McGaughey
Consultant Solicitor, Newcastle upon Tyne, United Kingdom
Sattam Al-Mugheiry
Barrister

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